RECORD OF PROCEEDINGS 

AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS 

 

 

IN THE MATTER OF: DOCKET NUMBER: BC-2012-04445 

 

 COUNSEL: NONE 

 

 HEARING DESIRED: NO 

 

 

________________________________________________________________ 

 

APPLICANT REQUESTS THAT: 

 

He be awarded the Purple Heart (PH) Medal. 

 

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APPLICANT CONTENDS THAT: 

 

His diagnosis of cancer due to exposure from Agent Orange in a 
combat area warrants award of the PH Medal. 

 

The applicant’s complete submission, with attachments, is at 
Exhibit A. 

 

________________________________________________________________ 

 

STATEMENT OF FACTS: 

 

The applicant’s military personnel records indicate he enlisted 
in the Regular Air Force on 15 July 1966. 

 

On 5 June 1971, the applicant was honorably discharged from the 
Air Force and was credited with five years and three days of 
total active service. 

 

The remaining relevant facts pertaining to this application are 
described in the letter prepared by the Air Force office of 
primary responsibility which is attached at Exhibit C. 

 

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AIR FORCE EVALUATION: 

 

AFPC/DPSID recommends denial, indicating there is no evidence of 
an error or injustice. The PH Medal is awarded to members of 
the United States Armed Forces who have been wounded, killed, or 
who have died or may hereafter die of wounds received in action 
against an enemy of the United States or opposing force as a 
result of an act of any such enemy or opposing armed force, an 
international terrorist attack or during military operations 
while serving as part of a peacekeeping force. A wound for 


which the award is made must have required treatment, not merely 
examination, by a medical officer. Additionally, treatment of 
the wound shall be documented in the Service member’s medical 
and/or health record. Award of the PH Medal may be made for 
wounds treated by a medical professional other than a medical 
officer, provided a medical officer includes a statement in the 
Service member’s medical record that the extent of the wounds 
were such that they would have required treatment by a medical 
officer if one had been available to treat them. However, Agent 
Orange is not an enemy action and injuries caused by it do not 
fulfill the criteria for award of the PH Medal. The PH Review 
Board disapproved the applicant’s request on 28 November 2012. 
Therefore, to grant the applicant relief would be contrary to 
the established eligibility criteria and could set precedence 
for other veterans in similar situations or medical diagnosis. 
AFPC/DPSID has verified the applicant’s entitlement to the 
Vietnam Service Medal with four Bronze Stars (VSM w/4BSS) and 
the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/P) 
and corrected his records administratively. 

 

A complete copy of the AFPC/DPSID evaluation is at Exhibit C. 

 

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APPLICANT'S REVIEW OF AIR FORCE EVALUATION: 

 

The applicant argues that Public Law 99-145 authorized the award 
of the PH Medal for wounds received as a result of friendly 
fire. Therefore, award of the PH Medal in his case is justified 
since Agent Orange could be considered as “Friendly Fire” and 
his treatments and surgeries are regarded to as wounds by 
doctors. 

 

A complete copy of the applicant’s response is at Exhibit E. 

 

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THE BOARD CONCLUDES THAT: 

 

1. The applicant has exhausted all remedies provided by 
existing law or regulations. 

 

2. The application was not timely filed; however, it is in the 
interest of justice to excuse the failure to timely file. 

 

3. Insufficient relevant evidence has been presented to 
demonstrate the existence of error or injustice. After 
thoroughly reviewing the evidence of record and noting the 
applicant’s contentions, we find no evidence which would lead us 
to believe the applicant’s injuries were a direct result of 
enemy action as required for award of the PH Medal. Moreover, 
we are not persuaded that his diagnosis of cancer due to 
exposure to herbicides in a combat theatre meets the definition 


of a wound received by friendly fire for the purposes of 
determining PH Medal entitlement. Therefore, we agree with the 
opinion and recommendation and adopt its rationale as the basis 
for our conclusion the applicant has not been the victim of an 
error or injustice. The personal sacrifice the applicant has 
endured for his country is noted and our decision is not 
intended in any way to lessen the importance of his service; 
however, insufficient documentary evidence has been presented to 
warrant awarding him the PH Medal. In the absence of evidence 
to the contrary, we find no basis to recommend granting the 
relief sought in this application. 

 

________________________________________________________________ 

 

THE BOARD DETERMINES THAT: 

 

The applicant be notified the evidence presented did not 
demonstrate the existence of material error or injustice; the 
application was denied without a personal appearance; and the 
application will only be reconsidered upon the submission of 
newly discovered relevant evidence not considered with this 
application. 

 

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The following members of the Board considered AFBCMR Docket 
Number BC-2012-04445 in Executive Session on 4 June 2013, under 
the provisions of AFI 36-2603: 

 

 Panel Chair 

 Member 

 Member 

 

The following documentary evidence was considered: 

 

 Exhibit A. DD Form 149, dated 17 September, 2012, w/atchs. 

 Exhibit B. Applicant's Master Personnel Records. 

 Exhibit C. Letter, AFPC/DPSID, dated 3 January 2013. 

 Exhibit D. Letter, SAF/MRBR, dated 11 January 2013. 

 Exhibit E. Letter, Applicant, dated 26 January 2013. 

 

 

 

 

 

 Panel Chair